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In The News

SOME OF THE EARLIEST SUCCESSES OF GARY GLENN

On October 1, 1989, Michael J. Codella, Sr., 1st Vice President of the Housing Patrolman's Benevolent Association Of New York, wrote a letter thanking Gary Glenn for his assistance in obtaining his disability retirement. He said, in part,

"...our Union has always looked to you for advice....I was greatly impressed with the professionalism and competent manner in which you represented my petition for disability retirement. Because of your tireless effort, the New York City Retirement Board granted my application....I am also aware of many of your other successes concerning our members..."

Acting State Supreme Court Justice Norman C. Ryp has directed the Police Pension Fund's Board of Trustees to reconsider an accident disability pension application of a former Police Officer it retired on ordinary disability. In August 1979, Officer Henry Meyer, responding to an emergency call while on duty, fell from a fence, injuring his neck and back. In denying him a line-of-duty pension, generally 75% of salary, the board stated that Officer Meyer's injuries were merely triggered the surfacing of an otherwise dormant condition of ankylosing spondylitis, a form of arthritis. Dr. Clarence C. Robinson, the Police Department's Chief Surgeon, testified that the petitioner's disability was unrelated to his neck and back injury.

In VACATING the board's decision and remanding the matter back for reconsideration Justice Ryp noted that the vote on Officer Meyer's accident disability application was a tie, 6-6, "reflecting the closeness of the issues for determination" he said.

A widow who loses the right to collect her husband's death benefits because she remarried may regain that right if the second marriage is annulled. That decision was handed down by New York State Supreme Court Justice Andrew R. Tyler in a case involving the widow of a Transit Authority Police Officer who died in a line-of-duty accident in 1972. Ms. Skagen, through her attorney, Gary Glenn, initiated an Article 78 proceeding in New York State Supreme Court. Ms. Skagen claimed she was entitled to a resumption of the death benefit because an annulled marriage should be treated as if it had never taken place.

Justice Tyler agreed. Although the court could find no previous New York rulings on the effect of an annulment on pension rights, it held that as a general rule "an annulment of a widow's marriage restores to her the pension rights held by her as the widow of the first husband prior to remarriage."

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